A. The prosecutor (Dismissal of Prosecution)’s intent not to punish the victim F is not clear. Nevertheless, the lower court’s dismissal of the prosecution on the charge of assault, which is the charge of this part of the indictment, erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment

B. The punishment sentenced by the court below to the defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. As to the prosecutor’s assertion of mistake of facts or misapprehension of legal principles, in order to recognize that the victim expressed his/her wish not to punish a person, such expression should be expressed in a way that is obvious and reliable (see, e.g., Supreme Court Decisions 2010Do1150, 2010Do83, Nov. 11, 2010; 2001Do1809, Jun. 15, 2001). Such expression of intent can be seen as an investigative agency if the first instance judgment is pronounced even before the prosecution was instituted, but it is impossible to withdraw his/her wish not to punish again, or indicate his/her wish not to punish again after one explicitly indicated, (see, e.g., Supreme Court Decision 2007Do3405, Sept. 6, 2007).